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Justice for All:

5 Principles for a
Better Justice System
by
Jason Pye

Preamble

mericas founders purposely made liberty and justice a


cornerstone of society. Having experienced unjust prosecution and harassment firsthand, they set out to protect future
generations from big government overreach while ensuring justice for
victims of crime and punishment.
It was not until modern times that Congress exercised authority over the
justice system, creating laws that trample on every Americans right to
due process and personal property protections, and setting in motion
the one-size-fits-all mandatory sentences for nonviolent offenses.
Today, overzealous IRS bureaucrats and federal, state, and local law
enforcement agencies have the ability to confiscate personal property
based only on the suspicion rather than the proof of a crime.
The justice system is buckling under its own weight. Since 1980, the
Federal Bureau of Prisons has seen the number of inmates rise by
nearly 800 percent, from 25,000 to more than 219,000 in 2013. Nonviolent offenders comprise over 60 percent of federal inmates. This
dramatic increase in the federal prison population has led to severe
overcrowding in federal facilities.
Not only does overcrowding present a security risk to prison staff
and make rehabilitating offenders more difficult, it creates a threat to
public safety. To deal with overcrowding, several states facing budget
constraints have resorted to granting early release to violent criminals.
This puts entire communities at risk, leaving residents less safe.
Growing costs are also cause for serious concern. The Bureau of
Prisons budget has almost doubled, from $3.7 billion in 2000 to
$6.4 billion in 2013. Additionally, the annual cost of incarcerating a
prisoner has jumped by nearly 36 percent, from $21,603 to $29,291.
Growth of Incarceration Costs
$3.7 billion
2000 Bureau of Prisons budget
$21,603
2000 per prisoner cost

$6.4 billion
2013 Bureau of Prisons budget

+73%

$29,291
2013 prisoner cost

+36%

Source: Congressional Research Service (2014)

Five Principles for Replacing a Broken Criminal Justice System / 1

Not all crimes are equal, and every American has the right to liberty and
justice. While those who commit violent offenses are deserving of swift
and severe sentences, the current approach is not appropriate for many
nonviolent offenders, who often face steep punishments that do not fit
the crimes they have committed.
FreedomWorks believes that it is imperative to advance meaningful and
responsible justice reforms that will tear down big government policies,
ease burdens on taxpayers, and re-enforce everyones right to due
process under the law.
To better educate activists, FreedomWorks has released a statement of
principles for reforming the United States justice system.

Five Principles for Replacing a Broken Criminal Justice System / 2

Principle No. 1

Protect property from unjust seizures.


Civil asset forfeiture is an egregious tool used by the Internal Revenue
Service and federal, state, and local law enforcement agencies to seize
property that is merely suspected of use in an illicit activity. Though
the IRS and law enforcement officials insist that civil asset forfeiture is
necessary, innocent Americans are too often affected by its abuse.
Federal law encourages abuse of civil asset forfeiture by local and state
law enforcement, which work with federal agencies to seize property
and, in turn, keep a large share of the proceeds to fund their operations.
George Mason, the Father of the Bill of Rights, once said, When the
same man, or set of men, holds the sword and the purse, there is an
end of liberty. Under current civil asset forfeiture law, federal and local
law enforcement agencies now wield both the sword and the purse.
In many instances property owners are never chargedlet alone convictedof a crime, but they have to meet an incredible burden of proof
to show that their property was not used in the act of the alleged illicit
activity. This contradicts the innocent until proven guilty principle that
has been a guiding feature of our legal system since its inception.
The high hurdles innocent people have to jump to get their property
back from the government denies them their constitutional protections
against unlawful seizures and the right to due process under the law.
Many people, of course, give up rather than fight what they see as an
impossible, costly battleor simply run out of money while litigating.
Meaningful reform of civil asset forfeiture laws would allow an easier
path for property owners to dispute seizures and place the burden of
proof on the government, not the accused. It would also remove the
profit motive behind these often unjust seizures.

Five Principles for Replacing a Broken Criminal Justice System / 3

Principle No. 2

Get big government out of the system.


Since the mid-1980s, Congress has created lengthy and expensive
mandatory minimumsone-size-fits-all, automatic sentences for a range
of offenses, many of them nonviolent.
These sentences are the main culprit behind exploding prison populations and costs, which now consume one out of four Justice Department
dollars and deplete funding for other law enforcement programs that
make us safe.
Though mandatory minimum advocates insist that they deter or reduce
crime, there is little empirical evidence to back up these claims. And
while harsh mandatory prison sentences may be appropriate for violent
and heinous criminal acts, they often lead to irrational sentences for
nonviolent offenders.
Bottom line: Mandatory minimums remove any flexibility to determine
whether a punishment fits the crime.
Too often, mandatory minimums have led to nonviolent offenders
spending more time in jail than some of the worst criminals in society.
They also prevent the use of more effective and less expensive corrections options for those who would most benefit from them.
Meaningful justice reform means getting big government out of the
process and using common sense in sentencing.

Five Principles for Replacing a Broken Criminal Justice System / 4

Principle No. 3

Enact proven state-level justice reforms.


Congress doesnt have to look far to find successful reforms. A number
of states have enacted reforms in recent years that reduced prison
populations and related costs, while also keeping crime low.
Facing a growing prison population due to harsh sentences, Texas
passed sweeping reforms in 2007. Not only have these reforms saved
taxpayers $2 billion, they have contributed to dramatic reductions in
crime and repeat offender rates since they were enacted.
State lawmakers succeeded by focusing on treatment and work training
for nonviolent offenders rather than just long prison sentences.
Eligible nonviolent offenders have to complete required programs
and assessments in order to serve the rest of their sentences under
community supervision, often provided by faith-based and nonprofit
organizations. This form of early, supervised release allows nonviolent
offenders to work and start getting back on their feet.
With the prison population growing rapidly and costs exploding,
bringing successful state-level reforms to the federal justice system
is a common sense step toward real reform.

Five Principles for Replacing a Broken Criminal Justice System / 5

Principle No. 4

End militarization of regulatory agencies and


federalization of local governments.
The federal agencies tasked with regulation do not need their own
paramilitary units, and the weapons and vehicles used to fight wars
overseas do not belong on our streets.
Federal agencies (including the Environmental Protection Agency,
Department of Agriculture, Fish & Wildlife Service, and Department
of Education) do not need their own paramilitary SWAT units. Unfortunately, they have them today, often operating without real oversight.
The lack of accountability for abuse or botched raids frequently goes
unnoticed until it is too late.
Federal agencies should be forced to disband these units and instead
rely on the agencies that have historically practiced enforcement, which
are more experienced in investigating unlawful activities, obtaining
warrants for searches, and dealing with suspects.
It is important to ensure that law enforcement has tools available to
keep peace and order in communities, but the federalization of local
law enforcement departments is concerning.
In emergency situations, governors should mobilize the National Guard
to restore law and order. Vehicles and weapons made for military
combat should not be utilized on Americas streets by non-specialized
law enforcement.
Establishing clear and appropriate limits on law enforcements authority
to procure and make use of such weapons could begin to restore trust
between law enforcement and the communities they protect and serve.

Five Principles for Replacing a Broken Criminal Justice System / 6

Principle No. 5

Give nonviolent juvenile offenders an


opportunity to be productive citizens.
All too often, nonviolent juvenile offenders are forced to live with
mistakes for the rest of their lives. This denies them economic
opportunities, creating a cycle that too often results in criminal activity.
The pervasive scared straight approach to juvenile justicein which
at-risk young people are taken to prison facilities or military-style boot
camps to deter them from participating in crimehas not been effective.
Studies by the Justice Department and others show exposure to such
programs has actually increased the likelihood of repeat offenders.
Instead, the focus should be on disrupting the cycle early by giving nonviolent juvenile offenders an opportunity to become productive citizens.
This means ending the detention of status offendersyouth charged for
nonviolent offenses that would not be a crime if they were adults.
Causes of Status Offense Cases
36%
Skipping school

22%
Liquor violation

11%
Runaway

10%
Curfew

Source: Vera Institute (2010)

The Office of Juvenile Justice & Delinquency Prevention estimates that


10,400 of status offense cases involved some form of detention in 2010.
This puts young people through a dangerous and expensive cycle that
slows down development and may increase repeat offense as adults.
A more productive and less expensive way to handle status offenders
would be to require them to go through a community program run by
nonprofit or faith-based organizations.
Reform should allow nonviolent juvenile offenders to expunge their
records of offenses after they have completed programs or served their
time, giving them a chance to pursue economic opportunities without
the cloud of past mistakes hovering over their heads.

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400 N Capitol St NW
Washington, DC 22204

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